Texas § LG.324.066 - DISTRICT RULES AND ORDINANCES

§ LG.324.066. DISTRICT RULES AND ORDINANCES

DISTRICT RULES AND ORDINANCES; CRIMINAL PENALTY; CIVIL ENFORCEMENT. (a) The board may adopt reasonable rules and ordinances applicable to: (1) the administration, enforcement, and collection of district taxes and the issuance, suspension, and cancellation of revenue permits; (2) littering and litter abatement on the public water in the district, including the possession and disposition of glass containers; (3) activities that endanger the health and safety of persons or property on public water in the district, subject to the public's paramount right to navigate inland water; and (4) tenants, business privileges, concessionaires, users, and activities affecting district property and facilities, including hunting, fishing, boating, camping, tubing, swimming, and conservation of natural resources. (b) A police officer, constable, sheriff, or other law enforcement officer with jurisdiction in the county may arrest persons violating rules or ordinances of the board, and carry out the prosecution of those persons in the proper court. (c) A person who violates a rule or ordinance adopted under this section commits an offense. An offense under this section is a Class C misdemeanor. (d) The county attorney, the district attorney, the criminal district attorney, or an attorney retained by the board for this purpose may bring an action to enjoin a violation of board rules or ordinances, and if the board authorizes, may seek damages and attorney's fees based on the violation, if the violation involves: (1) the providing or offering of a service or the use or rental of a facility or an item for remuneration by a person who does not hold a revenue permit issued by the district or for which collection of a tax is required; (2) failure of a revenue permit holder to remit a tax imposed and the tax has been due for more than 60 days; or (3) violation by a revenue permit holder of a district rule relating to an activity that endangers the health or safety of a person or property in the district. Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989. Amended by Acts 1993, 73rd Leg., ch. 1039, Sec. 11, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 452, Sec. 3, eff. Sept. 1, 1997.